HomeMy WebLinkAbout1984-02-08; Planning Commission; Resolution 2249"71)
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1 /I PLANNING COMMISSION RESOLUTION NO. 2249
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A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A ZONE CODE AMENDMENT, AMENDING
TITLE 21, CHAPTER 21.80, OF THE CARLSBAD
MUNICIPAL CODE, TO PROVIDE FOR REVIEW OF COASTAL DEVELOPMENT PERMIT APPLICATIONS
CONSISTENT WITH THE CERTIFIED LAND USE PLAN FOR
THAT PORTION OF THE COASTAL ZONE WITHIN THE
VILLAGE REDEVELOPMENT AREA OF THE CITY OF
CARLSBAD.
APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-172
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WHEREAS, the land use plan for the Village Redevel
Area and land use plan of the Carlsbad Local Coastal Plan a
identical; and
WHEREAS, ordinances implementing the land use plar
being prepared as part of the City's local coastal program
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upon completion will supersede these procedures; and
WHEREAS, the Planning Commission did, on the 8th C
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I February, 1984, hold a duly noticed public hearing as pres(
by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and
considering all testimony and arguments, if any, of all pe
desiring to be heard, said Commission considered all facto
relating to the Zone Code Amendment.
21 ll NOW, THEREFORE, BE IT HEREBY RESOLVED by the Plan 22(1 Commission as follows:
23 A) That the above recitations are true and correct.
24 B) That based on the evidence presented at the public he;
25 Commission recommends APPROVAL of ZCA-172, according 1
part hereof, based on the following findings: 26
Exhibit "A", dated January 24, 1984, attached hereto i
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Findings:
1) Section 30600.5 of the Public Resources Code of the Stat1
California provides that the authority for issuance of cc development permits shall be delegated to local governme]
after certification of a land use plan and the adoption ordinance governing the review of coastal development pe applications,
6 2) The City's and the Coastal Commission's land use designa for the portion of the Village Redevelopment Area within
7 coastal zone are identical.
8 3) The City, in order to assure coastal development permit authority desires to adopt this ordinance consistent wit
9 requirements of the implementing legislation.
10 4) This ordinance is necessary to protect the health, safet welfare of the citizens of Carlsbad and to allow landown
portion of the Village Redevelopment Area within the coa 11 know with certainty what the development requirements fo
12 zone.
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5) This project will not cause any significant environmenta impacts and a Negative Declaration has been issued by th
Use Planning Manager on January 24, 1984 and approved by
Planning Commission on February 8, 1984.
PASSED, APPROVED AND ADOPTED at a regular meeting c
Planning Commission of the City of Carlsbad, California, he1
the 8th of February, 1984, by the following vote, to wit:
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19 Schlehuber, Marcus, Lyttleton, Farrow and
20 NOES : None ,
21 ABSENT: None.
22 ABSTAIN: None.
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AYES: Chairman Rombotis, Commissioners Rawlins,
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0 0 EXHIBIT 1124-84
ORDINANCE NO .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 21 . 81 PROVIDING FOR REVIEW OF COASTAL
DEVELOPMENT PERMIT APPLICATIONS WITHIN THE
VILLAGE REDEVELOPMENT AREA.
The City Council of the City of Carlsbad does ordai~
f 01 lows :
SECTION 1: That Title 21 of the Carlsbad Municipal
Code is amended by the addition of Chapter 21.81 to read as
follows:
Chapter 21.81
COASTAL DEVELOPMENT PERMITS VILLAGE REDEVELOPMENT AREA
21.81.010
21.81.020
21 -81 -030
21 .81.040
21.81.050 21 .81.060 21 -81 -070 21.81.080 21 .81.090
21.81.100
21 -81 ,1 10
21.81.120
21.81.130
21.81 . 140
21.81.150 21.81 -160 21.81.170
Definitions. Permit required .
Development exempt from coastal developm permit procedures .
Application. Duties of director of building and plann Transmittal of Design Review Board. Design Review Board action. Appeal of Design Review Board decision. Housing and Redevelopment Commission act Public hearings. Appeals to Coastal Commission. Notice of final local action.
Effective date of permit. Review of recorded documents.
Applications for emergency permits.
Expiration of Coastal permits, Severability.
21.81.010 Definitions.
la1 Coastal Zone: Coastal zone is defined as that portion of-ihe Carlsbad Coastal Zone located within the are; the City described on the Carlsbad Village Area Redevelopmer Plan as adopted by City of Carlsbad Ordinance No. 9591 and on the map entitled Village Redevelopment Area Segment of tl Carlsbad Coastal Zone dated December 19, 1983 and on file il Land Use Planning Office.
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(b) Coastal Commission. Coastal Commission 1113ans t California Coastal Commission. (c) Development Development means on land p in or
under water, the placement or erection of any solid material structure; discharge or disposal of any dredged material or t any gaseous, liquid, solid, or thermal waste; wading, remov: dredging, mining, or extraction of any materials; change in ' density or intensity of use of land, including, but not limil to, subdivision pursuant to the Subdivision Map Act and any ( division of land, including lot splits, except where the lan division is brought about in connection with the purchase of land by a public agency for public recreational use; change
the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of t size of any structure, including any facility of private, pu or municipal utility, and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harves and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511) . As used in this section, "structure" include but is not limited to, any building, road, pipe-, flume, cond siphon, aqueduct, telephone line, amd electric power transmi and distribution line. (a) Major Energy Facility. Major energy facility any energy facility as defined by Fbblic Resources Code Sect
30107 and exceeding $50,000 in estimated cost of constructic (e) Major Public Works Project. Major public worE project means any public works project as defined by Title 1 California Administrative Code Section 13012 and exceeding
$50,000 in estimated cost of construction.
21.81.020 Permit required. No development shall ( in the Coastal Zone without a permjrt having first been issue according to the provisions of this chapter.
21.81.030 Development exempt from coastal develop1 permit procedures. (a) A permit issued for i3 development which is categorically excluded from the coastal development permit requirements pursuant to California Public Resources Code Section 30610, shall be exempt from the requirement of this chapter. The Director of Building and Planning shall maint a record of all permits issued for categorically excluded development. The records shall include the applicant's nam indication that the project is loclated in the coastal zone, location of the project, and a brilef description of the pro (b) The City Council may designate by resolution, after a public hearing, categories of development which hav potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on pu access to, or along , the coast. Development which has been designated shall be categorically exempt from the provision
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this chapter, The designation of any categorical exemption S'
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Coastal Commission. The Director of Building and Planning sh not be effective until the exemption has been approved by the
keep a record of all permits issued for categorically exempt
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projects as specified in subsection (a) .
coastaldevelopment permit shall be made in accordance with th 5
21,81,040 Application. Application-for a permit fo
record owner or owners of the property affected or the author 6
procedures set forth in this sectionr.
(b) At the time of filing the application the appll information specified by the Director. legal description of the property arid all other materials and 9
plans which allow for detailed review pursuant to this chapte the Director. The application shall. be accompanied by adequa 8
with the Director of Building and Planning upon forms provide agent of the Owner or owners. The application shall be filed 7
(a) An application for a permit may be made by the
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significant effect on the environment which may be caused by be incorporated into the deve1opmen.t to substantially lessen 20
alternatives to the development or mitigation measures which that the application contain a description of the feasible 19
(e) The Director of Building and Planning may requ.
permits or approvals under this title and the coastal permit allow review of such permit or approval. Application for al: 17
approval under the provisions of this title, notwithstanding +Gud z 16
with procedures set forth in Capter 20.24 of this code. gc$g 15
map which shall be filed with the City Engineer in accordancc units, the application shall be accompanied by a tentative pl 14
20.12 of this code. If the project contains four or less lo1 the Director in accordance with procedures set forth in Chapi 13
shall be accompanied by a tentative map which shall be filed . subdivided and no further subdivision is required the applicd 12
(c) Unless the property has previously been legal11 Council resolution. 11
shall pay a processing fee in an anount specified by City
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&?3" (d) Whenever the development would require a permil g y chapter, the .application shall include sufficient informatiol
3 E3 18 be consolidated into one application.
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21.81.050 Duties of Director of Building and Plann a) After the application has been accepted as corn; the Direcior of Building and Planning shall .determine if the project is exempt from the requirements of this chapter purs to Section 21.81.030. The Director shall give notice of determination of exemption to all persons specified in Secti' 21.81,lOO. The cost of providing this notice shall be inclu in the fee paid by the applicant. The Director's decision m appealed in writing to the Design Review Board within fiftee days after the date of the notice . (b) The Director of Building and Planning shall is all emergency pergits.
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(c) If the Director determines that the matter does qualify for an exemption, or an administrative or emergency
permit then the Director shall set the matter for public hear before the Design Review Board. The coastal permit may be se
for hearing concurrently with any other permit for the projec
21.81.060 Transmittal of Design Review Board. Unlc
the development is exempt or uualif ied for emergency permit, Director shall transmit the application, together with a recommendation thereon, to the Design Review Board for public hearing when all necessary reports and processes have been completed. An application for a coastal permit may be consic in conjunction with any other discretionary permit required
the project.
21.81.070 Design Review Board action. After a pub: hearing the Design Review Board may approve, conditionally approve or deny the application. No approval or conditional approval shall be given unless the Design Review Board finds that the development is consistent with the provisions of th local coastal program for the coastal zone.
21.81.080 Appeal of Carlsbad Design Review Board
(a) The applicant or any other interested person R
decision.
appeal, from any action of the Design Review Board to the Housing and Redevelopment Commission. Any such appeal shall be filed with the City Clerk within ten days after the action of the Design Review Board which the appeal is being taken. Upon the filing of an appe!al, the City Clerk shall the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Wit ten days following the conclusion of the hearing, the Housir and Redevelopment Commission shall render its decision on tl appeal. The decision of thhe Housing and Redevelopment Commission is final.
Commission shall be consistent with the provisions of this chapter and shall be supported by appropriate findings. (c) If the Housing and Redevelopment Commission fi to act on an appeal within the time limits specified in thi! section, the appeal shall be deemed denied. (a) If the development for which a coastal develol permit also requires other discretionary permits or approva: which the Design Review Board is not given final approval authority then the Design Review Board action on the coasta development permit shall be deemed a recommendation to the Housing and Redevelopment Commission.
at the time of filing the appeal.
(b) The decision of the Housing and Redevelopment
(e) A fee set by City Council resolution shall be
21.81.090 Housinq and Reldevelopment Commission ac
If the review of the coastal devellopment is consolidated wi
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other reviews pursuant to this code for which the Design Revi Board does not have final approval authority, the Housing and Redevelopment Commission shall hold a pubic hearing on the coastal permit. At the public hearing, the Housing and Redevelopment Commission shall review the Desiqn Review Board decision, shall consider the matter and shall approve, conditionally approve or disapprove the permit. The decision
the Housing and Redevelopment Commission is final.
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21.81.100 Public hearings. Whenever a public heari is required by this chapter, notice of the hearing shall be 5 as provided in Section 21.54.060(1) of this code. When the hearing on a coastal development permit is consolidated with hearing on a tentative map, notice shall satisfy the requiren of both this chapter and Title 20 of this code, In addition the persons required to be notified pursuant to Section 21.54.060( 1) or Title 20, notice shall be given to all persor who have previously requested notice of development permits within the coastal zone. The list of persons requesting sucl notice shall be updated annually,
21.81.110 Appeals to Coastal Commission, (a) Any final action taken by the City on a coasta development permit application, or any permit approval which occurs by operation of law, may be appealed to the Coastal Commission by any interested person pursuant to Public Resou'
Code Section 30603. Exhaustion of all local appeals must oc1 before an application may be appealed to the Commission.
working days after the date of the final local action. (b) The appeal shall be filed not later than ten
21.81.120 Notice of final local action. Within fi working days of a final local action on an application for a coastal development, or any approval which occurs by operati law, the Land Use Planning Manager shall provide notice of t action by first class mail to the Coastal Commission and to persons who specifically requested notice of such final acti submitting an addressed, stamped envelope to the City. Such notice shall inclulde any conditions of approval and written findings and the procedures for appeal of the local action t Coastal Commission.
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21.81.130 Effective date of permit. The coastal development permit shall be valid upon the expiration of ten working days from the date of the final local action unless
final local action does not comply with the requirements of I appeal to the Coastal Commission has been filed or the notic
~ Section 21.81.120.
. 21.81.140 Review of recorded documents. (a) All coastal development permits subject to conditions that require the recordation of deed restruction: offers to dedicate or agreements imposing restrictions on r( property shall not be effective until completion of the fol: procedures :
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.( 1) The City Council shall review, revise if
(2) The City Clerk shall record the requisite
(3') The City Clerk, upon recordation of the
necessary, and accept the easement or land.
legal documents.
documents, shall forward a copy of the permit conditions, findings of approval, the legal documents pertaining to the public access and open space conditions, and a statement as 1 which private association, public agency or City department shall be responsible for the operation and maintenance of tht accessway ' or open space/conservation area, to the Executive Director of the Coastal Commission.
conditions of approval pertaining to public access and open I or conservation easements shall be subject to review and appl by the Executive Director of the Coastal Commission.
(1) Upon completion of permit review by the C and prior to the issuance of the permit, the City shall forw copy of the permit conditions and findings of approval and c
of the legal docuemtns to the Executive Director of the Coas Commission for review and approval of the legal adequacy and consistency with the requirements of potential accepting agencies:
(2) The Executive Director of the Coastal Commission shall have fifteen working days from receipt of t documents in which to complete the review and notify the applicant of recommended revisions if any; (3) The City may issue the permit upon expira of the fifteen working day period if notification of inadeqc has not been received by the City within that time period; 2
(4) If the Executive'Director has recommended revision to the applicant, the permit shall not be issued UT the deficiencies have been resolved to the satisfaction of 1 Executive Director.
(b) All coastal development permits subject to
21.81.150 Applications for emergency permits. (a) Applications in case of emergency shall be mar letter to the, Director of Building and Planning or in persol by telephone, if time does not allow. Emergency means: a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, propert: essential public services. (b) The following information shall be included i~
request:
( 1 ) nature of the emergency: (2) cause of the emergency, insofar as this
(3) location of the emergency:
(4) the remedial, protective, or preventive required to deal with the emergency; and
(5) the circumstances during the emergency t appeared to justify the cause(s) of action taken, including probable consequences of failing to take action.
be established;
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(c) The Director shall verify the facts, including existence and the nature of the emergency, insofar as time allows (d) The Director shall provide public notice of the
emergency work, with the extent and type of notice determinet the basis of the nature of the emergency. (e) The Director may grant an emergency permit up01 reasonable terms and conditions, including an expiration datl
the necessity for a regular permit application later, if the Director finds that:
(1) An emergency exists that requires action quickly than permitted by the procedures for administrative permits or for regular permits and the work can and will be completed within 30 days unless otherwise specified by the t of the permit.
action has been reviewed, if time allows; and
requirements of the certified land use plan.
Design Review Board, at its first scheduled meeting after th emergency permit has been issued, the nature of the emergenc the work involved. Copies of this report shall be available the meeting and shall be mailed to all persons who have requ such notification in writing. The report of the Director sh
be informational only; the decision to issue an emergency pe is solely at the discretion of the Director subject to the provisions of this ordinance.
( 2) Public comment on the proposed emergency
(3) The work proposed would be consistent wit
(f) The Director shall report, in writing f to the
21.81.160 Expiration of coastal permits. A coast; development permit shall expire on the latest expiration dal applicable to any other permit or approval required for the project, including any extension granted for other permits t approvals. Should the project require no permits or' approvi other than a coastal development permit, the coastal develo] permit shall expire one year from its date of approval if tl project has not been commenced during that time.
21.81.170 Severability. If any section, subsecti
subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be unconstitutional such decision shall not affect the validit the remaining portions of this ordinance or any part thereo The City Council hereby declares that it would have passed section, subsection, subdivision, paragraph, sentence f clau phrase thereof, irrespective of the fact that any one or mo sections, subsections, subdivisions, paragraphs; sentences, clauses or phrases be declared unconstitutional .
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EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall cert
to the adoption of this ordinance and cause it to be publishc
at least once in the Carlsbad Journal within .fifteen days afi
its adoption.
INTRODUCED AND FIRST READ at a ,regular meeting of t:
Carlsbad City Council held on the day of
1984, and thereafter a
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PASSED AND ADOPTED at a regular meeting of said Cit
Council held on the day of t 1984 by the
following vote, to wit:
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AYES :
NOES :
ABSENT:
I ATTEST:
MARY H. CASLER, Mayor
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ALETHA L. RAUTENKRANZ, City Clerk
(Seal)
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